IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
CASE NO.: J 493/19
In the matter between:
TRUDY FORBAY First Applicant
PATRICK DOYLE Second Applicant
PETER STANDER Third Applicant
CARL PRETORIUS Fourth Applicant
and
UNIVERSITY OF SOUTH AFRICA (UNISA) Respondent
Decided: In Chambers
Delivered: This judgment was handed down electronically by circulation to the
parties' representatives through email. The hand-down date is deemed to be 09
September 2025.
JUDGMENT – LEAVE TO APPEAL
Mahosi, J
2
[1] The first to fourth applicants brought an application for leave to appeal against
the judgment and order granted by me on 20 June 2025. The respondent opposed
the application.
[2] Section 166(1) of the Labour Relations Act 1 (LRA) provides for a party to
proceedings before the Labour Court to apply to the Labour Court for leave to appeal
to the Labour Appeal Court (LAC) against any final judgment or final order of the
Labour Court. The test for the granting of leave to appeal pertinent to the present
matter is set out in section 17(1) of the Superior Courts Act 10 of 2013 as follows:
‘Leave to appeal may only be given where the judge or judges are of the
opinion that–
(a) (i) the appeal would have a reasonable prospect of success; or
(ii) there is some other compelling reason why the appeal should be
heard, including conflicting judgments on the matter under consideration;
(b) The decisions sought on appeal do not fall within the ambit of section
16(2)(a) and
(c) where the decision sought to be appealed does not dispose of all the
issues in the case, the appeal would lead to a just and prompt resolution of
the real issue between the parties.’
[3] Considering the grounds of appeal, my judgment and the parties’
submissions, I am not persuaded that another Court would come to a different
conclusion or that there is some other compelling reason why leave to appeal should
be granted.
[4] In the circumstances, I make the following order:
1. The application for leave to appeal is dismissed.
2. There is no order as to costs.
D. Mahosi
Judge of the Labour Court of South Africa
1 Act 66 of 1995, as amended.